HomeMy WebLinkAbout03-06-2018 Item 11 Legislative Action Platform
Meeting Date: 3/6/2018
FROM: J. Christine Dietrick, City Attorney
SUBJECT: 2018 LEGISLATIVE ACTION PLATFORM
RECOMMENDATION
1. Adopt a resolution establishing a Legislative Action Platform for 2018; and
2. Provide direction to staff on the scope and application of the legislative platform related to
advocacy for non-legislative items or particular projects; and
3. Appoint the Mayor, City Attorney and City Manager to act as the primary legislative liaisons
between the League of California Cities and the City of San Luis Obispo.
DISCUSSION
Legislative Action Program
Attached for the Council’s consideration is a resolution establishing the City’s 2018 Legislative
Action Platform. Similar resolutions have been adopted by the Council since 1993. The City
Attorney's Office coordinates the Legislative Action Program with assistance from the
Administration Department and from various City departments, as appropriate. This resolution
authorizes staff to respond to legislative issues affecting the City (via letters signed by the Mayor or
relevant Department Head), provided that the positions taken in the letters are consistent with the
priorities identified in Exhibit A to the resolution (Attachment - A) and League of California Cities
advocacy efforts.
By establishing a broad legislative platform and delegating responsibility to the Mayor and staff to
respond to proposed legislation and recommendations from the League of California Cities, the City
is better able to react quickly to changed circumstances and urgent requests than it would be if each
item were brought to the Council at its regular meetings. The process is considered a best practice,
has been efficient given the limited City resources available, and the City continues to be very
active in communicating its positions on Federal and State legislation. In 2017, the City sent 18
letters pertaining to pending legislation utilizing the Legislative Action Platform.
In preparing this year’s draft platform, input was solicited from all City Departments. Staff was
asked to take a critical look at the items within their scope of operations and expertise and evaluate
whether there was an opportunity to narrow or focus the platform. With that look, several additions
and clarifications were recommended. All changes, including language clean-ups and issue
consolidations, are shown in the legislative draft of the 2017 Platform attached to this report
(Attachment - B). In addition to Council’s substantive direction on the platform, staff also is
seeking direction as to the application of the platform to City positions on particular projects or
applications that Council Members believe raise issues related to the platform. Historically, and as
affirmed by the City Councils of the last two years, the platform has been utilized primarily to
advocate for or against a particular piece of legislation and not for or against a particular project or
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permitting application (adjudicative acts before other jurisdictions’ legislative bodies). Staff
continues to recommend that the scope be limited to legislative action, but again requests explicit
direction from the Council majority on that issue to ensure clarity in expectations moving forward.
Legislative Liaison Appointments
The League of California Cities encourages cities to appoint a council member and a staff person to
act as legislative liaisons between the League and the City. Staff recommends that Mayor Heidi
Harmon act as the Council legislative liaison and the City Attorney and the City Manager serve as
the staff liaisons.
CONCURRENCES
All City Departments provided input on the 2018 Legislative Platform and concur with the
recommendations in this report.
FISCAL IMPACT
Because no additional staff workload is anticipated as a result of this ongoing program, no new
fiscal impact will be incurred.
ALTERNATIVES
The Council may wish to include other issues, not included in the current draft. However, it is
important to note that the Legislative Action Platform allows the City to take action on any bills and
other measures formally supported by the League of California Cities. It is staff’s recommendation
that desired additions to the Platform are generally crafted and flexible to allow for quick responses
to legislation important to cities.
Attachments:
a - Resolution establishing a Legislative Action Platform for 2018
b -Exhibit A - Legislative Draft of 2018 Platform
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R ____
RESOLUTION NO. XXXX (2018 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, ESTABLISHING THE CITY LEGISLATIVE
ACTION PLATFORM FOR 2018 AND APPOINTING THE COUNCIL
MEMBER AND STAFF PERSON TO ACT AS LIAISON BETWEEN THE
CITY OF SAN LUIS OBISPO AND THE LEAGUE OF CALIFORNIA
CITIES
WHEREAS, a major objective of the City Council is to adopt an aggressive legislative
action platform which strengthens local government, promotes City goals and defends the City
against legislative actions by State and Federal governments that would weaken local government
and/or take away traditional revenue sources; and
WHEREAS, it is vital to the fiscal health and the self determination of the City to
effectively communicate with State Legislators and Federal representatives in order to favorably
influence State and Federal legislation, regulations and grant requests; and
WHEREAS, the League of California Cities conducts a legislative analysis and advocacy
program on behalf of cities for State issues and major Federal issues; and
WHEREAS, the City desires to be proactive and involved in the governmental decision-
making processes directly affecting the City legislative priorities identified in Exhibit “A,” and other
selected issues as may from time to time be recommended by the League of California Cities; and
WHEREAS, a key component of the City’s Legislative Action Platform is face-to-face
meetings between City representatives and elected officials at the Federal, State, and County levels,
and coordination with similar efforts made by other local government entities.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis
Obispo does hereby:
SECTION 1. Establish the Legislative Action Platform for 2018 as set forth in the attached
Exhibit “A” and authorize the Mayor and designated staff to take positions on legislation generally
consistent with the Legislative Action Platform and such other resolutions and recommendations of
the League of California Cities as may be from time to time presented to the City; and
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Resolution No. XXXX (2018 Series) Page 2
R ________
SECTION 2. Appoint Mayor Heidi Harmon to act as Council Member legislative liaison
and City Manager Derek Johnson and City Attorney Christine Dietrick to act as staff legislative
liaisons with the League of California Cities.
Upon motion of ____________________, seconded by ________________, and on the
following vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this ___ day of __________ 2018.
_______________________
Mayor Heidi Harmon
ATTEST:
_______________________
Carrie Gallagher
City Clerk
APPROVED AS TO FORM:
_______________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
San Luis Obispo, California, this ______ day of ______________________, __________.
_______________________
Carrie Gallagher
City Clerk
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EXHIBIT A
CITY OF SAN LUIS OBISPO
LEGISLATIVE ACTION PLATFORM FOR 2018 7
Community Development
1. Promoting reforms of the entire State mandated HCD Regional Housing Need
Allocations process to recognize local resource limitations.
2. Providing funding (i.e. through Cap and Trade or other sources) for communities
to pay for public infrastructure that meet mandated greenhouse reduction goals.
3. Providing funding to implement programs and related action items contained in
Climate Action Plans to quantitatively reduce greenhouse gases.
3.4. Providing communities broad authority to form and administer Community
Choice Energy programs.
4.5. Promoting funding for the transition to clean technologies and low or zero-carbon
energy.
5.6. Promoting funding sources to accomplish retrofitting of unreinforced masonry
buildings.
6.7. Promoting funding of on-campus housing at Cal Poly for student and faculty
housing and University acquisition of single family residences for staff and faculty
housing.
7.8. Preserving local control of planning and zoning matters.
8.9. Supporting efforts to increase funding for affordable housing and supportive
housing services for very low, low and moderate income individuals and/or families for
all cities and communities and opposing the erosion of local inclusionary housing and
in-lieu fee programs.
9.10. Supporting continued funding of National Housing Trust Fund and streamlined
and efficient implementing regulations at the state level.
10.11. Promoting additional state funding to implement AB 32 and SB 375 through
local general plan updates that implement the regional sustainable communities plan and
alternative planning strategy, if needed.
11.12. Promoting funding for the identification, acquisition, maintenance and
restoration of historic sites and structures.
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LEGISLATIVE ACTION PLATFORM FOR 2018 7
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12.13. Supporting continued or expanded funding for CDBG program.
13.14. Supporting reinstatement of protections from imposition of additional building
or site conditions prior to issuance of a building permit for seismic related improvements
to buildings subject to a mitigation program established according to state law (City
URM Program) as previously provided in Government Code Section 8875.10 (this
section was repealed effective January 1, 2009).
14.15. Supporting continued local control over mobile home park rent stabilization and
the conversion of mobile home parks to other uses. Encourage the amendment of
Section 66427.5 of the California Government Code and other relevant law for the
purpose of ensuring that mobile home park residents are not involuntarily removed
from homes or otherwise economically impacted if parks are subdivided or converted.
15.16. Resolving and addressing regulatory or financial barriers to implement
Promoting financing for and implementation of AB 811 property-assessed clean energy
districts.
16.17. Encouraging continued viability of inclusionary housing provisions and
avoidance of conflicts with Costa-Hawkins Act.
17.18. Encouraging consistency in state legislation dealing with transportation,
housing and land use issues and eliminating potential conflicts between regional
housing requirements, smart growth mandates and environmental legislation.
19. Enabling the issuance of parking citations on private property.
18.20. Supporting State funding to achieve state mandated affordable housing programs
and an equal and fair distribution to rural and suburban counties and cities.
19.21. Advocating full funding of authorized programs under the McKinney-Vento
Homeless Assistance Act, including providing more flexibility in the use of Federal
funds on the local level to address housing for the homeless.
22. Supporting legislation that provides funding sources for appropriate human
service agencies that support the mi ssion of the Human Relations Commission.
20.
21.
22.23. Supporting responsible review and revision of CEQA to ensure sound
environmental determinations.
23.24. Promoting pragmatic and clarifying actions to implement Proposition 64 and
preserve local land use decision making related to cannabis regulations.
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LEGISLATIVE ACTION PLATFORM FOR 2018 7
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Supporting modern and cost-efficienefficient, thorough and accuratet methods for the
population to exercise its civic obligation to be counted in the 2020 Census.
Economic Development
24.25. Promoting funding and/or legislation using tax credits or other incentive
programs to encourage research and development by businesses in California.
25.26. Supporting funding and policies for the promotion of California as a place to
locate businesses.
26.27. Supporting funding for the state tourism promotion program.
27.28. Supporting the effective and efficient use of all communications technologies
including voice, video, data, and information services over wired and wireless
transmission technologies.
28.29. Supporting telecommunications reform legislation and other measures that
preserve local control over public rights-of-way, protect local resources and guarantee
access to, funding for, and local flexibility in utilizing funds for public, educational
and government (PEG) access television.
29.30. Supporting the expansion of public infrastructure financing tools and funding for
infrastructure to provide economic development opportunities.
30.31. Promoting development of green business and head of household jobs.
31.32. Supporting factual analyses of impacts and associated mitigations for losses of
major regional employers that provide significant head of household jobs.
Finance
32.33. Supporting meaningful fiscal reform that allows each level of government to
adequately finance its service responsibilities while continuing to support efforts to
protect the City from loss of revenues due to State take-aways and unfunded State or
Federal mandates.
33.34. Advocatinge against initiatives that unduly burden and/or prohibit local
government ability to support essential services to the community.
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34.35. Endorsing legislation that provides local government with a fair share tax on
catalog and Internet sales; and opposing legislation that limits state or local authority
to tax catalog or Internet sales.
35.36. Supporting efforts to collect the full amount of local transient occupancy tax from
online sales of lodging.
36.37. Supporting the continuation of California Specialized Training Institute
activities within San Luis Obispo County.
37.38. Opposing legislation that removes the municipal bond tax exemption.
39. Supporting clarity regarding local regulatory control and revenue equity for cities
in any statewide regulation or permitting of process medical marijuana establishments or
uses.
38.
Human Resources/Employee RelationsHuman Relations
39.40. Supporting additional workers’ compensation reforms that lower employers'
costs while still protecting workers and opposing legislation that would restrict
appropriate cost controls in the workers’ compensation system.
40.41. Supporting pension and retiree health benefits reform efforts, policy changes,
and permissible administration decisions aimed at reducing unfunded liabilities,
reducing costs, and ensuring the long-term viability of the defined benefit pension system
in concert with the League of California Cities and the California Public Employees
Retirement System (PERS) Board of Directors.
41.42. Opposing the expansion of the "Peace Officers' Bill of Rights," "Firefighters'
Bill of Rights," or other attempts to curtail management rights.
42.43. Supporting legislation to protect the City's continued ability to administer its
Cafeteria Benefit Plan and maintain comprehensive health care coverage for eligible
employees, in a financially sustainable manner .
43.44. Supporting reforms that limit the financial impacts of joint and several liability
on public entities.
44.45. Supporting the clarification, modification or repeal of AB 646 fact finding
requirements and opposingse measures that reduces the local control over public
employee disputes.
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46. Opposing the expansion of procedural rights and requirements in administrative
disciplinary proceedings that increase costs and expand the timeframe and scope of
administrative processes.
47. Opposing measures that impose local government mandated employee benefits
that are more properlyshould be directly negotiated between labor groups and
employersat the bargaining table.
48. Supporting Federal legislation to modify, refine, or eliminate Federal Labor
Standards Act (FLSA) requirements on public agencies.
45.49. Opposing legislation applying joint and several liability to agencies who have
entered into Joint Powers Agreements (JPAs).
Public Safety
46.50. Continuing State and Federal funding support for school safety, disaster
preparedness, earthquake preparedness, Homeland Security, hazardous material
response, State COPS program and other local law enforcement activities.
47.51. Preserving the City's authority to investigate police misconduct.
48.52. Supporting efforts to expand the scope of parental responsibility for crimes
committed by minors.
49.53. Preserving the authority of local control on issuance of concealed weapons
permits.
50.54. Supporting legislation to help curb alcohol-related criminal behavior and
underage drinking.
51.55. Opposing new or increased state fees for state provided law enforcement
services.
52.56. Supporting the fair and efficient allocation of radio spectrum that provides
quality frequencies, free from interference, for all local public safety communication
needs.
53.57. Supporting efforts to enhance radio and data system(s) stability and
interoperability among public safety agencies and jurisdictions .
54.58. Supporting efforts to reduce retention periods for video monitoring data not
related to an identified incident or operation.
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55.59. Preserving the City's right to regulate activities with adverse health and safety
impacts on local streets, sidewalks and right-of-ways.
60. Supporting legislation to improve and enhance the safety of cargo transported via
rail, including but not limited to: safety enhancements for rail vessel construction with
an emphasis on efforts to rapidly improve the safe transport of volatile crude oil and limit
the use of older, “grandfathered” containers and vessels; enhancements in remote
monitoring and control of railcar speeds; reduction of railcar speeds in populated areas
like San Luis Obispo; enhancements in communications, notifications and information
dissemination to local governments, especially public safety agencies.
61. Supporting and expanding funding and programs to proactively reduce fire risk
attributed to heavy vegetative fuels loads, high tree mortality, drought, and climate
change to remove diseased, dead and/or down combustible vegetation, thin forests to
improve forest health, and create effective defensible space between the undeveloped
and developed environments.
62. Supporting grants and aid to land/property owners with properties one mile or
less from natural vegetation, which are threatened by wind-driven fire events, to harden
structures again fire impingement and create sustainable defensible spaces.
63. Supporting grantds and aid to local governments to develop modern evacuation
communications systems to effectively reach all residents in a timely fashion via voice,
text, email, and other electronic means.
64. Supporting legislation that would result in the implementation of a statewide
modern evacuation communications system to effectively reach all residents in a timely
fashion via voice, text, email, and other electronic means, which is available for use by
local governments at the discretion of local governments.
56.65. Supporting legislation to preserve and enhance local control, at the City level, for
the provision of public safety services, including the scope and provision of medical and
non-medical emergency services.
57.66. Supporting uniformity of state and federal regulations of drones and the study
and adoption of appropriate local airport protections and public safety exemptions.
Public Works
58.67. Supporting increased availability of grant funding to replace aging infrastructure
of all types, e.g. streets, bridges, water, sewer, parks, and storm sewer systems, etc.
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59.68. Supporting increased funding for projects that improve flood protection for the
City.
60.69. Supporting funding for implementation of clean stormwater / low impact
infrastructure replacement.
61.70. Ensuring cooperation and prompt approval from Federal and State regulatory
agencies (such as the Department of Fish & Game, Regional Water Quality Control
Board and the Army Corps of Engineers) for necessary projects involving the City's
creek system.
62. Exempting assessments for vital infrastructure from Proposition 218
requirements.
63.71. Supporting monetary incentives or grant funding for alternative fuel vehicles for
replacement of municipal fleet equipment.
64.72. Supporting monetary incentives or grant funding for retrofitting municipal
buildings with Energy Management Systems to centrally control all lighting and HVAC
systems.
73. Supporting realistic municipal clean stormwater requirements at the State Board
or legislative level.
74. Supporting legislation that reduces implementation timeframe for Public Projects
in a cost-effective manner.
Parks and Recreation and Natural Resources
65.75. Supporting State and Federal funding and other measures to promote the
acquisition, protection, preservation and restoration of natural resources, open space,
coastal resources, signature land forms, wetlands and park development, including
continued funding for the Land and Water Conservation Grant Program and for the
California Conservation Corps.
66.76. Supporting the expansion of National Marine Sanctuary off the coast of San
Luis Obispo County to protect this fragile habitat from offshore oil and gas development.
67.77. Opposing any development under existing or new offshore oil and gas leases
off the Coast of San Luis Obispo County.
68.78. Supporting measures to prohibit discharge of pollutants into the ocean (e.g.
selenium contaminated waters from the San Joaquin valley).
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69.79. Encouraging the Resources Agency and its departments to expedite the
distribution of remaining Proposition 1 bond funds to take advantage of the many
favorable opportunities for land and easement acquisition and enhancement project
contracting that exist at this time.
70.80. Seeking legislative exemption from property taxes on lands dedicated to open
space purposes which are outside the boundaries of the jurisdiction owning such
lands.
71.81. Protecting funding for vital regional and community services that negatively
impact Californian's access to parks, open space, after school programming, senior
services, facilities that promote physical activity, protect natural resources, and
strengthen safety and security.
72.82. Promoting policies that recognize the benefits of parks and recreational
facilities in the advancement of "sustainable communities" and curbing greenhouse
gas emissions, including: strengthening policies that fund parks, open-space, bike
lanes and non-motorized trails through the development and implementation of a
carbon credit and offset program, and advocating for the strong integration of local
and regional park and non-motorized transportation improvements into "Smart
Growth Scenarios" pursuant to SB 375.
73.83. Supporting access to joint use of schools; parks and open space; development
of streets and trails that encourage physical activity and healthy living.
74.84. Supporting extension or permanent legislation at the federal level of enhanced
tax deductions for charitable donations of Conservation Easements
Transportation
75.85. Supporting changes in gas tax laws that allow local tax for transportation
purposes based on a majority vote of the public.
76.86. Supporting the continuation of, and increased funding sources for street
maintenance projects, transportation improvements, transit operations and bicycle
multimodal facility projects.
77.87. Supporting clean air transit funding for San Luis Obispo County , in
particular funding that provides for alternative modes of transportation with clean
air benefits.
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78.88. Supporting actions to: (1) promote cooperation and mutual support between
metropolitan planning organization (MPO) agencies and local transit providers, and
(2) discourage trends toward " MPO agencies/regional "control" of local transit
providers.
79.89. Encouraging private transportation companies (such as Union Pacific Railroad)
to reach agreements for sharing of properly secured right of way corridors for other
compatible uses such as bicycle and pedestrian facilities.
80.90. Opposing the proposed diversion of any funding source for transportation that
reduces amounts designated for transit operations.
81.91. Supporting funding for projects to implement adopted complete street plans
demonstrated to improve public health and reduce greenhouse gas emissions.
82.92. Supporting provision of Cap and Trade funding for intercity rail.
93. Supporting increased funding for existing Active Transportation Program (ATP).
83.94. Preserving funding that fundsfor existing and future transportation needs.
Utilities
84.95. Supporting clean water funding programs.
85.96. Supporting recycling and waste diversion programs and enhancing local
government's ability to comply with solid waste reduction requirements.
86.97. Supporting measures that require the State Water Resources Control Board and
Regional Water Quality Control Boards establish a process to evaluate, in advance of
adoption, the costs of compliance for pending and future regulatory actions on NPDES
permittees.
87.98. Supporting legislation that requires the State's environmental agencies to
conduct peer review of proposed regulations to ensure that the proposal is based on
sound science.
88.99. Supporting the elimination of mandatory minimum penalties for violations
of NPDES Requirements and returning discretionary control to the Regional Water
Quality Control Board Executive Officers (i.e. repeal SB 709).
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89.100. Supporting measures to ensure reasonableness in the administration of
NPDES permit governing City operations, including pursuing a municipal
representative on the Regional Water Quality Control Board
90.101. Promoting the safe, responsible, and cost-effective reuse of Exceptional
Quality or better biosolids.
91.102. Supporting any appropriate streamlining of the state regulatory
processes.
92.103. Supporting sustainable energy programs.
93.104. Supporting incentives for distributed energy generation projects such
as solar power.
94.105. Supporting legislation allowing cities/agencies to establish fees for the
costs of operating mandated water quality programs such as, but not limited to,
municipal storm water and total maximum daily loading.
95.106. Supporting federal legislative action to transfer Salinas Reservoir from
Army Corps of Engineers Military Project to Army Corps of Engineers Civil Works
Project.
96.107. Supporting the implementation of the California Urban Water
Conservation Council's Best Management Practices regarding urban water
conservation and compliance with AB 1420.
97.108. Supporting amendments to the Urban Water Management Planning Act
to recognize past investment in water conservation and the City's ability to comply
with SBx7-7 and other water conservation regulations.
109. Opposinge legislation that requires recycled water to be included in water
conservation regulations.
98.110. Promoting legislation that expands or encourages the expansion of
recycled water production and use.
99.111. Supporting legislation eliminating departing load charges which
discourage the use of alternative energy resources.
112. Allowing the use of Public Goods Funds for the development and installation of
energy saving or green energy generating projects to benefit local government.
100.113. Opposing legislation that diminishes the City’s existing water rights.
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101.114. Promoting the protection of water resources, including water quality,
watershed protection, and treatment discharge measures..
102.115. Supporting the protection of our natural resources from invasive species.
103.116. Promoting sustainability of our water resources through the use of
recycled water and other best practices.
117. Supporting regional water resiliency initiatives.
104.118. Supporting one water initiatives.
County/Regional Priorities
105.119. Supporting legislation and other policy considerations to expand funding for
the delivery of case management, drug, alcohol, and detoxification services, mental
health services, and the establishment of shelter facilities.
106.120. Working with the County to assure land use practices that are consistent
with the Memorandum of Agreement adopted by the City Council and County Board of
Supervisors in 2016 regarding development near the edges of the City.
107.121. Encouraging participation by County in providing nearby parking for
County employees and clients, and alternate transportation and parking demand
reduction.
108.122. Supporting County development of a local ordinance providing additional
local oversight and regulation of the land application of Pollutant Concentration (PC) or
better biosolids.
109.123. Working cooperatively with the County to solve City/County flood
problems.
110.124. Supporting the San Luis Obispo County Air Pollution Control District's
legislative program, where consistent with the City's adopted policies and platform.
111.125. Supporting the San Luis Obispo Council of Governments' legislative
advocacy activities, where consistent with the City's adopted policies, platform and
public project objectives.
112.126. Supporting County efforts to enhance dangerous animal regulation and
enforcement.
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113.127. Supporting the streamlining, clarification and simplification of conflict of
interest regulations applicable to local officials.
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